Patna High CourtCR. MISC./6405/2017allowed

Amar Singh v. The State Of Bihar

2017-03-27Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.6405 of 2017 (3) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6405 of 2017 Arising Out of PS.Case No. -25 Year- 2012 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Amar Singh, Son of Late Shatrughan Prasad Singh, Resident of VillageChakdah Panchdahi, Police Station- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jyotsna Rani Mishra For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Special Case No. 08 of 2012 arising out of Sakra P.S. Case No. 25 of 2012, disclosing offences under Sections 7, 8, 9, 11 and 13 of the Prevention of Corruption Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has falsely been implicated in this case on account of Sakra P.S. Case No. 24 of 2012 filed by the petitioner against one Nagendra Kumar, who happens to be husband of Mukhiya of the panchayat. According to the F.I.R., there is allegation of taking Rs. 1000/-

Patna High Court Cr.Misc. No.6405 of 2017 (3) dt.27-03-2017 only but no independent witnesses have supported the allegation, which is evident from paragraph 8 and 9 of the case diary. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 8 of 2012 arising out of Sakra Police Station Case No. 25 of 2012, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T